No EOI means No Coverage, so we Thought! Courts have Different Ideas
It is axiomatic that if an Evidence of Insurability (EOI) form is not submitted to an insurer, when requested under an employee welfare benefits plan, that coverage is not afforded. However, recently courts addressing this issue have concluded that coverage nevertheless can still exist even if an EOI is not submitted. Join Adam E. Formus (Guardian Life), Cynthia Maskol (Wilson, Elser, Moskowitz, Edelman & Dicker LLP) and Kelly Simpkins (Wells, Marble & Hurst, PLLC) as we explore recent cases from the Supreme Court and underlying Federal Circuits that have addressed this issue. Critical legal issues to be examined include: waiver, estoppel and detrimental reliance. Learn how to mitigate against coverage being judicial imposed where there was no coverage to begin with.